AFSC-TUCSON: AZ DOC's DEATH YARDS

For Kini Seawright, and all the other women who bury a loved one due to police or prison violence...

Showing posts with label shannon palmer. Show all posts
Showing posts with label shannon palmer. Show all posts

Thursday, June 7, 2012

Ortega: AZ prisons deadlier than most...

 
mural and post-production rendering by Margaret J Plews     Photo by Robert Haasch
Sandra Day O'Connor Federal Courthouse, Phoenix
November 2010


Here's the moving slideshow of prisoners put together by the AZ Republic for this series...check it out at the source.

-------from the Arizona Republic--------


by Bob Ortega
Arizona Republic
June 5, 2012
At least seven Arizona inmates have been murdered over the past two years, a prison-homicide rate more than double the national average, an Arizona Republic investigation shows.

The killings have occurred amid rising violence behind bars. Between fiscal 2009 and 2011, as the state's prison population rose by less than 6 percent, inmate-on-inmate assaults jumped 90 percent, to 1,478, and assaults on corrections staff rose 18 percent, to 362.

The Republic investigation found two common threads in a majority of the killings: inmates housed with violent cell mates and inmates targeted by groups or gangs.

Among the victims was Eduardo Martinez, 51, who was beaten to death in the Yuma state prison in December, reportedly by the same men who six months earlier had assaulted him at the Florence state prison.

Martinez was serving time for writing bad checks, the result of his addiction to the painkiller Oxycontin, according to his mother, Helen Martinez. She says that her son had told her during his time at the Florence prison that he was being pressured to sell drugs for other inmates and that when he refused, the inmates had assaulted him, breaking his jaw. He thought he would be safe after he was moved to Yuma, but shortly before he was killed, he told Helen that the same men who assaulted him in Florence had been transferred to Yuma, she says.

Echoing the families of several prison-murder victims, Helen Martinez says she has been told little about the murder. "They haven't told me anything. I've asked and asked, and I get no response."

Corrections officials declined to comment on Martinez's death, saying only that they have referred the case to Yuma County for prosecution.

Department of Corrections Director Charles Ryan denies the rising murder and assault rates indicate there's a problem with violence in the prison system.

He attributes the increase in assaults, in part, to staffing cuts before he became director in 2009 and to a change in how the department defines them. Ryan says his predecessor recorded assaults only that resulted in injury. The department now records a range of incidents as assaults, from inmates flinging urine or feces at officers through their cell's food slots, to attacks with crude weapons in which inmates or officers are badly injured.

Ryan predicted assault rates will remain the same or decline slightly for the current fiscal year, which ends June 30. Having more corrections officers will improve safety for inmates and officers, he said.

Arizona's prison-murder rate equates to 8.75 murders per 100,000 inmates, while the national rate is four. (There are about 40,000 inmates in Arizona prisons.)

In at least three inmate murders over the past two years, the victims were killed by their cell mates, according to the department.

Two murders took place in two-man maximum-security cells at Eyman state prison: Jeremy Pompeneo, 25, serving a life term for murder, was killed on May 31, 2011. Nolan Pierce, 23, serving 25.5 years for burglary and armed robbery, was strangled on March 16, according to the Corrections Department.

"I talked to him four days before, and he sounded like everything was fine," said Mackenzie Smith, Pierce's girlfriend. She said the warden at Eyman told her several weeks after Pierce's murder that they had a confession. But neither she nor Pierce's mother has heard anything more, she said. "If the cell mate admitted to murdering him, why is it taking so long for the investigation?" she asked.

Prison officials said they have referred Pierce's and Pompeneo's cases to prosecutors.

The third cell-mate victim was Shannon Palmer, 40, a mentally ill man sentenced to three years in prison for climbing a utility tower during a thunderstorm. He was placed in an isolation cell at the Lewis state prison with a murderer, Jasper Rushing, who later told a PhoenixNew Times reporter that he slit Palmer's throat and castrated him on Sept. 10, 2010, because Palmer wouldn't stop talking.

Ron Ozer, an attorney representing Palmer's family in a wrongful-death suit against the state, said corrections officers should never have put Palmer in a cell with Rushing, nor should they have given Rushing access to the razor blade he used to kill Palmer. "If the Department of Corrections had followed its own policies, this murder would never have taken place," Ozer said.

Margaret Plews, who runs the Arizona Prison Watch website and monitors prison deaths, agreed that corrections officials should not have housed a mentally ill inmate with a murderer.

A corrections spokesman declined to comment on Palmer's death, citing the family's lawsuit against the state. The department has disciplined three officers involved in placing Palmer with Rushing.

Little is known of the circumstances surrounding two prison murders.
Shon Wilder, 33, who was serving nearly 20 years for car theft and extortion, was murdered at Winslow state prison on April 20, according to officials.
James Jennings, 59, who was serving three years for assault, was originally listed as dying of "natural causes" at Eyman in September 2010. Corrections officials now say that Jennings died of "blunt-force trauma" and that the case was "referred to the County Attorney's Office. However, they declined prosecution."

County medical examiners refused to release the autopsy reports in these cases, citing homicide investigations. Family members of the victims couldn't be reached.

The seventh murder acknowledged by the department is that of Dana Seawright, who was found stabbed in his cell at the Lewis state prison on July 8, 2010. While the Corrections Department has not released other details, the inmate's mother, Kini Seawright, says her son, who was Black, was murdered by a Black prison gang because he failed to carry out their order to attack a Mexican inmate.

More murders may have occurred during the two years examined by The Republic, including one described by the Maricopa County Medical Examiner's Office as "extremely suspicious for foul play."

The death of David Moreno, 40, who was serving a life term for murder when he died in his two-man cell at the Lewis state prison on Jan. 12, 2011, is listed as "under investigation." The autopsy report by the medical examiner notes that although Moreno was found hanging in his cell, and his cell mate claimed to be away using the phone at the time, "the cell mate's story was not consistent with the scene findings, and the cell mate had rope-type abrasions over his hands."
The report also noted contusions on Moreno's mouth and arms, suggesting he had been hit, a mop and bucket with red fluid found in the unit, and other details that couldn't be explained by a supposed suicide.

Corrections officials declined to comment on the Moreno case.

Fights and assaults on inmates range widely. Daily incident reports obtained by The Republic for May listed, among many other incidents, a fight on May 18 at the Yuma state prison's Dakota unit, involving 75 prisoners. Order was restored in less than 10 minutes, and only one inmate was transported for medical treatment as a result of the incident, according to officials.

On May 8 an inmate at the Douglas prison was stabbed 10 times on his abdomen and arm with a homemade weapon, and an inmate at Florence's Central Unit had to be airlifted with a collapsed lung to a hospital after being stabbed with a 5-inch piece of wire. On May 31, in one of five assaults that day, an inmate at Florence's East Unit had his arm broken by two other inmates. None of the reports explained the attacks.

Tuesday, February 21, 2012

Dear Governor Brewer: Time to FIRE Chuck Ryan.

Many folks wonder what I do with the art I create, and why I bother chalking sidewalks when they just get washed off once I leave. The chalkings are multi-functional: they leave a message for the person or entity whose walk I'm chalking, and when I shoot them they deliver my message all over the world on Facebook and my blogs. I have a really cheap, crummy camera, so I learned to make the most of it by manipulating the colors to make these postcards with. I send them to decision-makers, allies, prisoners, media, etc. to raise awareness and show solidarity and struggle with those suffering the most. Feel free to download any of my art and do the same. I do this all with nothing more complex than the Windows image editing program that came with Vista.

We do still have a crisis in the prisons, by the way. The ACLU is about to sue over medical neglect, but the culture of contempt for prisoners and the pervasive despair and violence behind bars is unchecked. It's a poison that trickles from the top down. By far, those dying are the most vulnerable among us - not the vicious punks or molesters people think are the ones who get it in prison, and therefore don't care about. Those committed to protecting the rights of the mentally ill and developmentally disabled in the community should especially care about what's happening in the state prisons, because that's where so many are still heading.

This is what I did with the mural Kini Seawright and I did yesterday at the Herberger - her son was murdered for loving a Mexican. Brewer needs to be held accountable, too: All these deaths after all, are not only Chuck Ryan's - they're hers - and the longer she leaves him in charge the more culpable she is for the next suicide or homicide of someone's child, mother, brother, or friend in prison.



















































Anyone who is similarly moved to communicate with the Governor may want to do so in a public forum, so you can't be as easily ignored. 

The address for the Arizona Republic is: 

 Letters to the Editor
The Arizona Republic
P.O. Box 1950
Phoenix, AZ 85001

Letters may also be faxed to (602) 444-8933.Or contact them via the on-line form.

Thursday, September 29, 2011

Murder of Shannon Palmer: Lewis lieutenant stands up.



"SOS: Chuck Ryan is Killing AZ Prisoners"
Phoenix New Times Sidewalk
November 12, 2010



The ACLU National Prison Project and the Prison Law Office (which took California DOC to the Supreme Court over medical care for prisoners) are investigating the abuse and neglect of prisoners at the Arizona Department of Corrections and may sue Arizona for injunctive relief over the poor medical and psychiatric treatment. ADC employees, ex-prisoners, family members and others with first-hand knowledge or eyewitness testimony that can be offered to help protect prisoners and staff from the deteriorating conditions inside our state prisons should contact me (prisonabolitionist@gmail.com / 480-580-6807) or the ACLU of Arizona for more information. The ACLU-AZ is at:

American Civil Liberties Union of Arizona
P.O. Box 17148
Phoenix, AZ 85011

602.650.1854
info@acluaz.org


Please see my post from yesterday about the escalating violence in the state prisons, also.



Thanks to both Paul Rubin and Chuck Bauer for the following...


-----------from the Phoenix New Times-------------

A Respected State Prison Officer Quits Over Dangerous Conditions for Inmates and Guards

By Paul Rubin

PHOENIX NEW TIMES

published: September 29, 2011



Chuck Bauer loved his job as a lieutenant at the Lewis Prison Complex in Buckeye. He gradually had risen in rank over eight years (in two stints) with the Arizona Department of Corrections, winning Supervisor of the Year at Lewis twice.

But the 56-year-old Peoria resident says he became increasingly discouraged by what he saw on the job — cutbacks in personnel and resulting safety issues for "his people" (corrections officers) and for inmates.

On September 10, 2010, Bauer heard over his walkie-talkie about an inmate who was badly hurt inside Cell A-26 in Building A of the Buckley Unit, a so-called "protective segregation" area.

The incident led Bauer, within days, to quit his job and try to move on with his life — something, he says, that has been difficult.

"I am a loyal guy, and it still makes me sick to think that I abandoned my people," he tells New Times. "I just had to do it. I know from up close that bad things happen in prisons, but what happened to inmate [Shannon] Palmer that day just didn't have to happen.

"For one thing, we were short-staffed to the max, as we have been for a long time now, and couldn't keep an eye on those inmates like we're supposed to — simple matter of numbers. It was like a nightmare, and it could have happened to one of my officers just as well as to that poor guy."

Bauer contacted New Times after reading our recent "Hell Hole" cover story (September 1) about the horrific murder of Shannon Palmer, 40, a seriously mentally ill Mesa man who had but a few months left to serve on a three-year criminal-damage rap. Palmer was attacked with a razor-blade shank by Jasper Rushing, who had been his cellmate (in a cell designed for one person) for about three weeks.

Rushing was a decade into a 28-year sentence for first-degree murder when he took his weapon to Palmer's throat and then to his penis (which he cut off) after knocking him out with a makeshift club (a small sheet wrapped tightly around hardcover books).

Bauer says he immediately rushed to the wing, where he saw Palmer lying inside the cell, mutilated, bleeding profusely, and all but dead. Jasper Rushing still was in the area, handcuffed and, Bauer recalls, "as calm as a man can be."

Bauer decided to perform CPR on the unconscious Palmer himself, with the assistance of his colleague Captain Ron Lawrence.

"It was so bad that I didn't want the staffers to have to deal with it," Bauer says, without a hint of braggadocio. "There was blood everywhere, like out of a horror movie, and I knew he wasn't going to make it. But we had to try our best, and we did. I didn't even notice [Palmer's penis] on the floor until later."

Afterward, Bauer dictated his report on his role in the tragedy, changed his bloodied shirt, and tried to go about his duties. But he says he couldn't shake the feeling that Shannon Palmer's homicide, while obviously extreme, was symptomatic of issues increasingly plaguing the corrections department.

"I knew that quitting a job I have loved during this economy was pretty drastic, and people I talked to about it thought I was nuts," he says.

"But there's a time in a person's life when you have to do what makes sense to you, and I just couldn't stand by any longer and just wait for something to happen to one of my [corrections officer] guys or gals. I just didn't want to be the one that would have to make that call to an officer's wife or husband about an injury, or worse."

Bauer pulls out a piece of paper on which he has scribbled some talking points:

• The lights were off in the Palmer/Rushing cell for weeks, which was dangerous for all concerned, including the corrections officers: "We couldn't get the maintenance people to fix the lighting and lots of other things at that time. I know that sounds hard to believe, but it's true. Being in the dark is gonna drive anyone nuts."

• The corrections officer who made the ill-fated decision to assign Palmer and Rushing to the same cell in August 2010 "was completely overworked — too much on her plate — doing seven or eight different jobs, which meant she was doing none of them too good."

• Many seriously mentally ill inmates are in harm's way because of their inability to anticipate a potentially violent situation, and because Arizona's corrections department is doing a poor job of isolating that population: "There's no place to put the mentally ill, outside of prison, so we end up trying to look after them, trying to make sure they get the right meds in them, and whatever."

• Morale among state corrections officers is poor, in part, because of mandated furloughs, at the same time that Arizona's prison population continues to grow: "I know [corrections department Director] Charles Ryan has no idea who I am, but he's an idiot if he doesn't know that his officers are not happy with the safety issues and the money issues involving corrections officers that are happening on his watch."

Bauer points out that even though Rushing and Palmer were in a protective-segregation unit, this meant little.

"It doesn't mean that the inmates in that unit aren't going to get hurt [or killed]," he says. "Those guys [Palmer and Rushing] were in an [isolation] cell and weren't out in the yard, and look at what happened."

Bauer says his decision to quit his $52,000-a-year job has had great repercussions on every part of his life.

"It's not as if I had this big fancy game plan to quit my job and lose my benefits and all that," he says, adding that he and his wife don't have healthcare insurance at the moment.

Bauer recently has been trying to get his new construction-cleaning business together, and he says things are looking up. Still, he often thinks back to his last day of work at Lewis at the end of September 2010.

A warden wanted to chat with him, Bauer says, but Bauer was worried that he might be persuaded to rescind his resignation.

So instead of meeting with the warden, Bauer found his way to the opposite end of the sprawling complex and stepped through the prison gates for the last time as a corrections officer.

"One of the hardest things I've ever done," he says. "Part of me wishes that I had stuck it out and part of me doesn't. I'd like to think I had the respect of my officers and of the inmates. The inmates may not have liked me much, but they knew I stuck to my word."

Bauer asks if he can add a few final thoughts:

"What happened in that cell between those guys was as bad it gets. I still have these real bad dreams about it.

"I don't know whether to blame the Arizona Legislature for wanting to lock everyone up but not wanting to pay for it, or to blame the current director [Ryan] and the direction he's been taking.

"How about if I just blame everyone?"

Sunday, September 25, 2011

Deaths in Custody: National Day of Remembrance For Murder Victims.





I spent some time this past week combing through resources for homicide survivors, trying to pull together something useful for survivors of prison violence today. I was pretty discouraged surfing murder victims' rights pages. It was the victims' rights movement that successfully helped pass a law in Arizona - and across the country - that even further marginalizes prisoners who are victims of violence - and their survivors.

More specifically, the Arizona Constitution explicitly precludes anyone who was victimized "while in custody for an offense" (or their survivor, if they died as a result) from being covered by any provisions of the Victims' Rights Amendment. How then, can they possibly hope to embrace, assist, or represent families of prisoners like Dana Haywood Seawright, Shannon Palmer, James Jennings, and Jeremy Pompeneo - all whom were murdered in state custody this past year. They have long since relegated prisoners to a status undeserving of having equal human rights when it comes to life and safety. The movement left these people behind without any apparent thought.

As a consequence, when Kini Seawright was on the verge of homelessness this year after her son Dana's homicide destroyed her life, the Arizona Criminal Justice Commission refused to provide her with access to any state-funded victims rights' services because she didn't qualify as a real victim. Dana was killed in prison by the West Side Crips for being friends with a Mexican - he was defying the racism and the gangs, not running with them. He was trying to take a class at Rio Salado and wanted to get some kind of counseling for his manic-depression and childhood abuse issues. He was beaten into a coma and stabbed repeatedly for refusing to carry out a gang-ordered hit to prove his racial loyalty. He died four days later.


Dana's homicide case was closed by the Department of Corrections' own Criminal Investigations Unit without any suspects being referred for prosecution - or even being given a ticket for the assault causing Dana's death. His mother has been working actively to get an outside law enforcement agency to re-open the case in light of evidence that guards were complicit in Dana's death. She's also suing the state of Arizona, as well as a number of individuals who appear to be liable for his murder. In the meantime, however, she suffered severe financial hardship and social isolation, for which she is not eligible to receive state assistance designated for helping victims of violent crime in such situations. An excerpt from the e-mail to that effect is here:


-------------------------------------

Sent: Tue, June 28, 2011 8:23:36 AM
Subject: RE: Kini Seawright

I have received a response to my follow up inquiry. After clarification it is ACJC’s position that the compensation program is only accountable to those statutes and rules that directly govern the Compensation Fund. Therefore, under program rules Ms. Seawright is not a victim pursuant to the definition of “victim” in A.A.C.R10-4-101(29). She is a “derivative victim” under ACJC’s rule, A.A.C.R10-4-101(10)(a), however, she is not entitled to a compensation award pursuant to A.A.C. R10-4-106(A)(3)(b) because the victim of the criminally injurious conduct was serving a sentence of imprisonment in a detention facility at the time of his death. Therefore, the prerequisites for a compensation award have not been met in this case...



Program Manager Crime Victim Services

Arizona Criminal Justice Commission



---------------------------

I can't believe that was the intentions of the victims' rights advocates in Arizona who helped get that initiative passed, but that was the consequence.

I've blogged about the Victim's Rights Amendment in the Arizona Constitution before - read my letter to the Arizona Department of Corrections on the matter
here. I hope to spend more time getting organized behind a movement to change it. There are far too many families like Kini's being wrongfully punished and exiled under it. Failing to protect victims in custody gives license to law enforcement to use excessive force, and for prisons and jails to mete out cruel and unusual punishment as they see fit, not as the judges ordered. It suggests that toll of violence on one group of homicide victims and their survivors is less important than when it hits the rest of us. The state victims' rights amendment creates a sub-class of citizens whose victimization - usually at the hands of the state - we are willing to not only ignore but actively minimize. It serves to reduce the states liability profile when people are hurt in their custody - including pre-trial detention, when we're supposed to be presumed innocent.

I urge those of you concerned with the civil rights of prisoners and their loved ones to contact your state legislators and ask for help changing the definition of a victim to include those in custody for an offense. The legislature is empowered to extend victims rights to everyone - it doesn't have to go to referendum. Tell your legislator that victims of state crimes matter, too. He or she can be reached at:

Arizona State Legislature
1700 W. Washington St.
Phoenix, AZ 85007


cc your letter to the chair of the House Judiciary Committee, Rep. Eddie Farnsworth, the chair of the Senate Judiciary Committee, Ron Gould, and someone there who might really care: Mesa Representative and Chair of the House Health and Human Services Committee, Cecil Ash.


Finally, if you are a survivor of prison violence or have lost a loved one to it - or simply want to make a difference - please feel free to contact me. My number is 480-580-6807. I'm organizing with families now who want to see an end to the neglect, abuse, and violence now.

Friday, September 9, 2011

The highly preventable homicide of Shannon Palmer

Link to previous Arizona Prison Watch post on Shannon Palmer, originally written shortly after his death last September:

Shannon Palmer: Criminalization, Victimization and the Damage Done

The article below follows up on what was initially a lousy piece of work by James King (don't take anything that man says seriously, families. He's just playing to the sick people that make up his audience), which my own post commented on extensively. This one just came out in the Phoenix New Times last week. Thanks to Paul Rubin for taking on the Department of Corrections, and going the extra mile to find out why and how Shannon was imprisoned - then executed by his cellmate - all for climbing a utility tower in a thunderstorm while getting closer to God.


The ACLU and Amnesty International are already investigating the treatment of mentally ill prisoners at the
Arizona Department of Corrections (ADC), but we need someone to go further. Please ask your legislators to call for investigative hearings on the level of violence, neglect, and despair in Arizona's state prisons under the administration of ADC Director Chuck Ryan. Suicide and homicide rates doubled almost as soon as he took over. God only knows how many officers have also been subject to escalating violence- everyone should be concerned about what's going on inside these days. Just a couple of weeks ago, one officer succeeded in killing himself on the job at ASPC-Yuma.


For both staff and prisoner safety, hearings into the prisons should be convened immediately by Cecil Ash under the AZ House Health and Human Services Committee
.

Representative Ash can be reached at:


Arizona State Legislature,
1700 W. Washington St.
Phoenix, AZ 85007.

The legislature's switchboard is 602-926-5999.

Cecil's email is cash@azleg.gov


-------from the Phoenix New Times---------

Why Did the Arizona Department of Corrections Put a Mentally Ill Man in a Cell With a Convicted Killer?

By Paul Rubin

published: September 01, 2011



Jasper Rushing is reflecting about why he pummeled, slashed, and mutilated his seriously mentally ill cellmate to death last September 10.

"It was not a healthy environment in there," he tells New Times from his current residence at the Maricopa County Jail.

Rushing is talking about what happened inside Cell A-26 in Building A of the Buckley Unit at the Arizona State Prison-Lewis Complex in Buckeye. It is a so-called isolation cell within the larger protective segregation unit.

He speaks with unsparing clarity about Shannon Palmer's murder at his hands inside a cell designed for one person, not two.

"It makes no sense at all to put a murderer in a cell living assholes-to-elbows with a guy who is crazy and probably shouldn't be in prison at all. Bad things can happen in a house like that.

"I can deal with just about anything within reason in prison. All I basically need is light, running water, and a book, and I'm okay. I guess this wasn't within reason.

"Day after day and night after night of his paranoid bullshit, and his disrespect for women and children. It was almost pitch-black in there because they couldn't fix the lights. I couldn't read or think straight. This is what can happen."

What did happen is that Jasper Rushing decided Shannon Palmer needed to die.

It was much the same as in 2001, when Rushing, at age 20, murdered his stepfather because he became convinced the man had raped a young family member (no evidence of an assault ever emerged). Rushing shot the sleeping man to death inside a Yavapai County trailer.

He was sentenced to a minimum of 28 years in prison after his first murder conviction.

When Rushing was assigned to A-26 on August 19, 2010, his new cellmate, Palmer, was nearing the end of a three-year sentence for criminal damage.

Palmer's "victim" was a Salt River Project power pole in Mesa, which he scaled during an August 2008 thunderstorm, forcing the utility to shut off power in the area until authorities finally talked him down.

Police reports said Palmer had a photograph of his daughter (he'd lost parental rights a few years earlier) with him.

The 40-year-old long had been haunted by unbearable mental problems. Diagnosed years earlier with paranoid schizophrenia, he was fixated on government officials he was sure had implanted a device into his thigh allowing evildoers to control his thoughts and actions.

Palmer's fragile mental state was such that he had spent time earlier in 2010 in a Phoenix prison ward reserved for only the most seriously mentally ill inmates.

But by his older sister Dawn's account, he was not on any anti-psychotic drugs when he died, which was very unfortunate.

It wasn't that Palmer, with no known history of committing violent acts, was a danger to anyone but himself. But he couldn't help expressing his thoughts, which could be delusional, jumbled, and inappropriate.

What happened in Cell A-26 just before 1 p.m. last September 10 is not in great dispute:

First, Jasper Rushing bashed his cellmate several times in the head with a makeshift "club" made of books wrapped tightly in a small sheet. (Rushing chose not to include the tome Rights of Prisoners, which was visible in crime-scene photos.)

Then he grabbed a small shank he had fashioned with the blade of a disposable razor that prison officials remarkably had allowed him to have in the cell.

Within seconds, he had gouged open the unconscious Palmer's throat on two sides, the gaping wounds as wide and long as a middle finger.

Blood spewed and spattered against the cell's gray walls, quickly gathering in a puddle on the concrete floor.

Finally, Rushing pulled down Shannon Palmer's orange prison-issue pants and hacked off the dying man's penis.

Then he quietly waited for someone in authority to come by, which took two or three minutes.

Palmer died within a half-hour, despite the fierce efforts of corrections officers to save him.

"He was very calm," one of the officers later said of Jasper Rushing's demeanor at the scene. "It was like the sky is blue, the grass is green, there's a nice breeze blowing."


This is one homicide that definitely doesn't qualify as a whodunit.

Jasper Rushing committed first-degree murder and did so in a heinous fashion. He faces the death penalty when his case goes to trial, perhaps sometime next year.

No doubt, Rushing will die in prison — whether or not the state of Arizona kills him by lethal injection.

What is more pressing than Rushing's fate are questions that surfaced after Shannon Palmer's frightful — and preventable — murder.

First, why and how did Arizona Department of Corrections officials stick a psychotic short-timer in a tiny cell with a smoldering killer who had no hope of getting released for decades?

Joel Hughes wondered the same thing during a recent interview with Rushing's attorney and a county prosecutor. Hughes was locked in the isolation cell next door when Rushing attacked Palmer, and he knew both men.

"I wouldn't move in with Jasper for all the money in the world," said Hughes, freed from prison just last month after serving 20 years on an attempted murder rap. "He was doing too much time for me to live with him. That's their life — and you're getting out. Your conversations don't match."

Hughes claims to have seen Shannon Palmer hand a note — a "kite," in prison parlance — to a corrections officer a day or two before the murder.

He says he heard Palmer ask the officer to get the message to a duty sergeant as "a matter of life or death" and say that he desperately needed to get out of that cell.

Rushing also says he was a few feet away when Palmer delivered that kite, and he says he saw the sergeant and the original officer just chuckle later that day when Palmer asked about the status of his request.

The deputy county attorney prosecuting Rushing recently told a judge that prison officials have not located Palmer's urgent kite.


Shannon Palmer fits the chilling description by psychiatrist Dr. E. Fuller Torrey in his book The Insanity Offense, in which he writes of seriously mentally ill inmates who "become human beings rotting away inside dark and isolated concrete cells with no hope of ever receiving proper care and attention . . ."

Torrey is the founder of the Treatment Advocacy Center, based in Arlington, Virginia. A May 2010 survey by the nonprofit center, in concert with the National Sheriffs' Association, revealed that the seriously mentally ill are incarcerated nationally at more than three times the frequency they get treated in hospitals or outpatient clinics.

In Arizona and Nevada, according to that study, that same ratio of incarceration to treatment facilities is more than 10 times — by far the nation's highest.

That is no anomaly, says Carl ToersBijns, a retired deputy warden at Arizona's supermax prison in Florence and frequent critic of the state's corrections system.

"Arizona citizens and society, in general, has shown no signs for outpouring sympathy or compassion for those [seriously mentally ill] offenders or their families," ToersBijns wrote in a recent essay, Serpents At Your Front Door, which he published on Yahoo!'s Associated Content site.

"This is reflective of the fact that when the state hospital was de-funded and reduced capacity through budget cuts occurred, more inmates were sent to prison than ever before," according to ToersBijns.

Even Shannon Palmer's murderer has considered the plight of Arizona's seriously mentally ill who happen to commit crimes.

"It's unfortunate there were no real mental-health services available for Palmer outside," Jasper Rushing tells New Times. "Once you get in trouble out there, you pretty much are going to prison, no matter what your problem is. And there was nothing in [prison] to help him."

That fits with another of Dr. Torrey's pertinent observations: "Jails and prisons were not created to be psychiatric hospitals, and staff were not selected to be psychiatric nurses. Some of the problems precipitated by the rise in seriously mentally ill inmates include the following: suicides, abuse and beatings, rape, and murder."

Arizona politicians, led by Governor Jan Brewer, continue to trumpet the ongoing budget cutbacks in the mental-health arena as necessary "savings" to beleaguered taxpayers.

But studies from across the political spectrum suggest that continued criminalization of the seriously mentally ill in lieu of a workable community mental-health treatment system is more expensive, short and long-term.

Leaders of some states, including law-and-order Texas and its Republican governor (and presidential hopeful), Rick Perry, have come to realize that they may effectively shrink the prison population and save money without sacrificing public safety, while decreasing the rate of recidivism.

In 2007, Texas officials reinvested $241 million into a network of residential and community-based treatment and diversion programs, rather than more than $2 billion to build new prisons. Few in that hang-'em-high state seem to be complaining.

But scores of seriously mentally ill Arizonans continue to be imprisoned each year, mostly because there is no place else to put them.


Shannon Palmer's father, Len, is talking about his late son.

The Phoenix native, who now lives east of Dallas, loved Shannon dearly. But like many parents, he had (and still has) trouble coming to grips with the reality of Shannon's serious mental illness.

"I didn't want to believe this, but Shannon was one of those who couldn't make it in society, couldn't function," Len Palmer says.

"He definitely needed to be in a mental institution, but there aren't any available. He didn't belong in some cell with a convicted murderer. Shannon was never violent, and he always was respectful to his mother and myself."

Shannon's mother, Fran Henderson, declined to speak for this story. Last month, her attorney, Ron Ozer, filed a wrongful death lawsuit in Maricopa County Superior Court against the state corrections department and selected prison officials.

The defendants have not yet replied.

Len Palmer and Fran Henderson split up before Shannon was a teen. Palmer says their son started "becoming difficult" at a young age, and his ex-wife asked him to take primary custody when Shannon was 11 or 12.

"She said she couldn't control him," Palmer says.

Palmer says Shannon was "doing much better after all the activities I had him in — Boy Scouts, sports, and what have you."

Shannon returned to the Valley and his mom when he was about 13. But, soon, he constantly found himself in juvenile court for petty crimes and other mischief.

Next came Maricopa County Superior Court, as Shannon, who had dropped out of school, was convicted of car theft charges soon after turning 19. He served more than a year in prison, the first of his five felony and 13 misdemeanor convictions.

Palmer's mental problems were palpable, as were his ongoing issues with illegal drugs (he used methamphetamine, according to court records).

Doctors certified him in the 1990s as seriously mentally ill, making him eligible for treatment with Maricopa County's behavioral-health agency, called ComCare.

He was diagnosed with paranoid schizophrenia, a chronic mental illness in which (according to the Mayo Clinic) "a person loses touch with reality — psychosis. The classic features are having delusions and hearing things that aren't real."

By all accounts, Shannon Palmer's mother tried desperately to keep him out of trouble and sought endlessly to find him intensive mental-health help.

Nothing seemed to work, including the relationship Palmer had with a woman who gave birth to their daughter in the early '90s.

In 1993, a county judge sentenced Palmer to seven years in prison on a burglary rap.

Despite his schizophrenia, mental-health professionals repeatedly found him "competent" to stand trial, often after first deeming him "incompetent" to understand legal matters or aid with his defense.

The "restoration" process assumes that someone was competent at one time and just needs proper meds and "re-education" to move forward.

The end result for Palmer inevitably was prison, not a psychiatric ward.

He was released from custody in January 2000, with no disciplinary infractions on his prison record.

Palmer tried off and on to live independently, collecting about $600 monthly in disability income and working at times for his mother's janitorial service.

But, as Len Palmer suggests, life in society proved just too much for Shannon to handle.

In December 2003, Chandler police responded to calls of gunfire in a residential neighborhood. Officers found Palmer in his backyard, with three expended shell casings from a handgun nearby. It is unclear where he had gotten the weapon.

Palmer told the police he was "paranoid" and had taken an overdose of meds and brandy and was planning to commit suicide but lost his nerve.

He said he discharged the gun "to terminate the voices in my head."

Instead, the cops arrested Palmer for misconduct involving weapons, a crime made more serious because, as a felon, he was a "prohibited possessor" of firearms.

He was sentenced in late 2003 to nearly four more lonely years behind bars.

"It was nice to get a letter, as I have only you and my mom that write me," he wrote his father from prison in November 2006.

After his mid-2007 release, Palmer's parents found an apartment in Mesa for him and hoped for the best. His father says that arrangement lasted only a few weeks.

"He ended up back on the streets pretty quick," Len Palmer says. "But his mother made sure he had a cell phone. He called me one time. Said he had just gotten a new bedroll. A homeless guy with a cell phone. He sounded happy, but it was sad."

By late August 2008, Shannon Palmer had moved back in with his mother in Mesa, increasingly absorbed with thoughts of the "evil forces" aligned against him.

On the afternoon of August 29, Palmer walked a short distance from his mom's home to a Salt River Project power pole as one of the summer's biggest storms swept into the Valley.

Fortified with vodka, Palmer climbed about 100 feet up the pole, dangerously close to the live high-power lines.

Mesa police and fire negotiators spoke to Palmer for about two hours before he stepped down safely. It made for quite a little story on the evening news.

Palmer told police he had gone up there to "escape the feds," who were stalking him, he said.

Salt River Project officials sought prosecution, and a Mesa officer noted that Palmer "admitted knowing it was against the law to climb up the power pole."

That was enough for prosecutors.

A county grand jury indicted Palmer on several charges, the most serious being criminal damage, a felony with serious ramifications because of his prior record.

More than a year passed, as evaluators again tried to determine whether Palmer was mentally competent to stand trial and, later, whether he was competent to be sentenced.

In September 2009, a psychologist broke a tie between two other evaluators and said Palmer was fit to be sentenced to prison.

"His mother was at wit's end because of the revolving door — in and out of prison," recalls David Lockhart, his lawyer at the time. "Shannon had major underlying mental-health issues, but he seemed like more of a nuisance than a danger to the community."

A county probation officer reported to the judge what this supposedly competent gentleman had told her before sentencing:

"He [said he] had no control over his actions in the present offense, and it had nothing to do with his mental health issues. He stated that in 1999, the Marines, National Security Agency, and the U.S. Secret Service forcefully inserted a tracking device into his leg designed to follow him and tell him what to do.

"He stated they took control of his brain and made him climb up the tower so he would go back to jail and they would not have to follow him. He stated their intentions are to kill him, and he cannot stop them, as they are above the law.

"He stated they work with the Missing and Exploited Children's Foundation, and let the parents of missing children have this power to torture others, which helps alleviate their pain over losing a child."

The probation officer, Karen Vaniman, recommended a prison term, writing, "Hopefully, the defendant will take advantage of any services available to him while incarcerated and return to the community a law-abiding and productive citizen."

Jack Potts, a Phoenix psychiatrist who was one of many court-appointed mental-health experts in the case, was not as naive. He wrote that Palmer was "incompetent" and needed treatment, not prison.

"He clearly suffers from a major mental illness that needs more intensive treatment," Potts wrote. "He should be civilly committed. He does not belong in the general population of the jail, where he is likely to be in harm's way."

On September 3, 2009, county Judge Connie Contes sentenced Shannon Palmer to three years in prison, with credit for about one year already served in jail.

Palmer would be murdered and mutilated in his prison cell exactly one year and one week later.


Jasper Rushing is asked to describe his upbringing in one sentence.

"Don't need one sentence — just a couple of words," he says, a small grin sneaking up on him.

"It sucked."

He is a small man, this killer of two men in what fairly could be termed cold blood, and is pale as a vampire after so long out of the Arizona sun.

Rushing is articulate and direct, a particularly intense listener, and an improbable bookworm. ("Books have become my life, biographies or whatever I can get my hands on," he says.)

Rushing is heavily tattooed, with some of the visible ink dominated by garish reminders of his former (he says) obsession with all things Nazi. He catches his visitor gaping at a swastika etched into the base of his middle finger.

"I was a skinhead and into a lot of other stupid white power stuff," Rushing volunteers in his matter-of-fact, hyper-controlled tone.

"I don't have those racist beliefs anymore. You realize as you get older, and you learn, that there's just so much propaganda out there, and there's messed-up people in every race, and some people who aren't so bad. You can get rid of the beliefs, but you can't rid of the tattoos."

Another tattoo crosses his upper chest at the T-shirt line.

BROKEN DREAMS, it says.

Jasper Rushing was born in Prescott on May 15, 1980, the product of the brief and unhappy union of Jim and Cheri Rushing.

Rushing would have a slew of half-brothers and sisters from both parents before he reached adulthood. But he didn't meet his father until he was 8, and their relationship was fractured after that.

His mother bounced in and out of dysfunctional relationships, living on the edge in the methamphetamine- and alcohol-soaked rural towns of Chino Valley and Paulden, north of Prescott.

Cheri Rushing sent Jasper to the state of Washington to live with his father when he was 8, but he soon wound up living for a time with his aunt (his dad's sister), uncle, and cousins.

"My parents were prepared to take him on as a son, but [Jim Rushing] stepped in and took him back, not because he wanted him; he just didn't want us to have him." says cousin Misty Shepherd of Deer Park, Washington.

"We rode horses together, and I got to know him. We had a lot of fun together. Jasper was a good guy with potential. He had problems, but he was not at all the cold-blooded type. We thought he was angry underneath because his father is not a good person, and his mother couldn't have cared less about him."

Rushing returned to his mother in Arizona, but she soon put him for a few years in Sunshine Acres Children's Home, a Christian-oriented group facility in Mesa.

"No one ever wanted him," says his half-sister Jolene Brown, who lives near Spokane, Washington.

"Neither parent ever gave a fuck about him — my dad or his mom. To me, Jasper was an older brother type, who would tickle my nose with a feather and tell me to do the right thing."

Rushing bounced back and forth between Washington and Arizona as a teen, getting deep into drugs, alcohol, and white supremacy.

He attended Chino Valley High for a few years and wrestled one year for the junior varsity, going undefeated.

But just like Shannon Palmer, he dropped out of school (both later earned their GED diplomas while behind bars) as crime predictably slipped into his mix.

By then, Rushing's mother had hooked up in Chino Valley with Rudy Gutierrez, a onetime sheriff's deputy.

Gutierrez and Jasper Rushing had a mercurial relationship, and local police records show about a dozen responses to the residence in the mid- and late 1990s because of family fighting.

Rushing served about a year in the state prison when he was 20 after violating probation on charges that included stealing a gun.

He wrote to his mother just before his release, telling her that he planned to start an Aryan Warriors chapter with other Prescott-area skinheads after being freed.

Rushing stayed out of trouble for less than six months.

On the evening of January 19, 2001, he took a 20-gauge shotgun and sneaked into Rudy Gutierrez's trailer home in Paulden.

Rushing later told police he had drunk about two dozen beers and six shots of Jack Daniel's in the previous 24 hours or so.

Rudy Gutierrez was asleep there with an ex-wife (not Rushing's mother).

Rushing aimed at Gutierrez's head and fired once.

Gutierrez died instantly.

Rushing told the ex-wife, "I'm not trying to hurt you. He raped Amy five years ago."

Rushing was referring to another half-sister of his, who would have been 11 at the time of the alleged assault.

He then called 911, advising authorities that he had just killed his stepfather after learning about the supposed rape, and surrendered to Yavapai County sheriff's deputies at the scene without incident.

The alleged victim, Amy, insisted to police that Gutierrez never had touched her inappropriately when she lived with him years earlier.

Rushing gave police the name of the girl who had told him about the alleged assault. But no evidence would emerge to suggest that Gutierrez had acted inappropriately with Amy.

Rushing pleaded guilty to first-degree murder and related charges.

A Yavapai County judge sentenced him to 25-to-life — which meant he would not be eligible for parole until serving at least 25 years — and tacked on three more years for good measure.

A probation officer interviewed Rushing before writing a pre-sentence report that sounds eerily like one of Shannon Palmer's.

"This is not to say that he would not have committed the murder had he been under a doctor's care," the officer wrote. "But using 20/20 hindsight, it is apparent he has been in need of psychological/psychiatric treatment and medication for some time."


Arizona Department of Corrections communications director Barrett Marson describes how things are supposed to work.

"Inmates housed together in a cell are screened through a compatibility process and matched together based on crimes, sentence length, and physical characteristics," he says.

"This helps to ensure no inmate has a physical advantage over another."

As for inmates suffering from serious mental illness, he says that "trained staff diagnose inmates with mental-health needs to determine the proper housing. [We] set aside housing areas specifically designed for inmates with mental-health issues."

If those policies actually had been in play in September 2010, Shannon Palmer might still be alive today.

Palmer never knew Jasper Rushing before they met in Cell A-26 on August 19.

Though incarcerated for first-degree murder, Rushing was considered only a medium-risk prisoner after years behind bars and few serious disciplinary dings on his record.

Prison officials saw Palmer as little risk to anyone but possibly to himself and housed him in mid-2010 in a minimum-security protective segregation unit (Eagle Point, also at the Lewis Prison).

Palmer befriended fellow inmate Shannon Clark on the yard at Eagle Point.

"He was severely delusional and paranoid in my opinion, probably a schizophrenic," Clark writes to New Times. "It was obvious to anybody who talked to him. He asked me if I could get his story out there."

Clark describes how Palmer "seemed to believe that the U.S. government wanted him dead. He told me that the CIA put an implant in his thigh and there were assassins, wearing 'shimmer suits' that made them invisible at the Eagle Point Unit fence, waiting to kill him. He seemed very scared for his life. He also told me repetitively that he was a good person and would never hurt anybody. He seemed to be a genuine but ill person. Harmless."

Prison officials occasionally moved Palmer into mental-health units for short stints of what passes there as "treatment."

The authorities placed Jasper Rushing into a protective segregation unit (not Eagle Point) in May 2009, for reasons Rushing will not discuss publicly that are not part of the public record.

Ex-prison warden Carl ToersBijns cautions that a protective custody jacket does not ensure an inmate's safety in his or her new "alternative placement" yard.

"You still get your pedigree run by those who run the yard," he says. "The pedigree must be clean of sex offenses, child abuse, and other 'non-acceptable' crimes on the yard in question, as many have their own set of rules or exceptions . . . It depends on the individual's ability to get along with his own race, his money on the books, his willingness to participate in their yard activities — drugs, gambling, store extortion, rent, protection games."

Shannon Palmer had gained protective-segregation status in November 2009, just a few months after his incarceration.

But on August 14, 2010, he "refused to house" — that is, he declined to return to his cell at Eagle Point.

The reason he gave officers was not the CIA or invisible assassins:

"All the inmates on the yard want to assault him because they think he is a sex offender," an internal memo said, repeating Palmer's initial claim.

It later came to light, however, that Palmer apparently had incurred a $42 gambling debt and feared reprisals.

Officials moved Palmer to an "isolation cell" inside the Buckley Unit, Cell A-26. He was in a holding pattern until authorities figured out what to do with him.

The cells are aptly named, as inmates are treated much the same as those in the dreaded supermax unit in Florence. That is, locked up and closely monitored around the clock.

It was solitary confinement that, for Shannon Palmer, wasn't solitary for long.

On August 19, Jasper Rushing also refused to house, claiming extortion by three inmates.

This is where the system — actually several Lewis Prison officials — failed both Shannon Palmer and, in a twisted sense, Jasper Rushing.

For starters,they were putting two inmates instead of one in the small isolation cell at Buckley to handle overflow of so-called "detention inmates."

Corrections officer Kimberly Churchwell later told investigators that her job was to pair two "compatible" inmates who needed to be housed in detention or isolation cells.

She would review the inmates' height, weight, race, gang status (if any), history of institutional violence, and, finally, what they were incarcerated for and for how long.

From the Arizona Department of Corrections internal investigative report:

"Churchwell stated, based upon the policy and procedures in place at the time, [that] the placement of Palmer and Rushing in the same isolation cell was acceptable."

Jasper Rushing moved in with Shannon Palmer last August 19, hoping, he says, to spend a short time there before getting sent to another unit.

Having gotten there first, Palmer got the sole bed in the cell. Rushing was given a roll-up mattress to put on the floor.

Officers allowed Rushing to take one disposable twin-blade razor with him into his new digs, which may or may not have been within policy (depending on which prison official was talking to investigators after the murder).

Investigators later concluded that "there were conflicting descriptions of how the isolation cells were classified, and differences in how the inmates assigned to the isolation cells were managed."

Those "differences" would allow Rushing the opportunity to murder and mutilate his cellmate.


"He wasn't acting weird at first," Jasper Rushing says of Shannon Palmer.

"Then he started acting really goofy. I think he was crazy to start with, and the situation in that cell was making him crazier. And it was doing a number on me, too."

Days passed, and the inmates were forced to endure each other (and themselves) in a setting reminiscent of descriptions of the Guantánamo Bay detention camp.

Rushing and Palmer were locked up for all but a half-hour of exercise and a shower every two days. They each could make one 20-minute phone call each week.

The cells have a trap on the thick metal door that officers open from the outside to push through a prisoner's food tray.

A window on the top part of the door looks out onto a stark hallway. That window is all that separates inmates from being encased in a concrete tomb.

Isolation cells are not meant for the claustrophobic. In fact, A-26 is almost as restrictive as any cell on Arizona's death row, located in Florence.

If it wasn't bad enough, the lights went out in the cell on August 24. It was day five of what turned out to be 23 days that Rushing and Palmer were locked up together in A-26.

Work records from the Buckley Unit show that prison officials tried to fix the lights inside the cell, but to no avail.

That left the men literally in a twilight zone, with the barest ambient light from the hallway sneaking in through the cell-door window.

Conversations between the inmates grew tense and increasingly strange, Rushing says.

One day, Rushing says, Palmer mentioned the National Center for Missing and Exploited Children — a centerpiece in Palmer's long-held delusion.

"I thought it was funny he mentioned that organization," Rushing says. "I've been donating $10 to them for several years now — you can look it up. I don't like people who mess with women and children, and this guy was starting to say things about kids. I didn't like his lack of respect."

Both men spoke by phone with their mothers the day before the murder. Neither mentioned the other during their 20-minute chats, recordings of which New Times has heard.

Rushing sounds subdued but focused, saying he doesn't know how much longer he would be in isolation.

"Hopefully not too much longer," Rushing says. "Honestly, I'm starting to formulate my own plan. Do you think we're intelligent enough to know when it's [your] time to call it [a day]?"

Mom says she doesn't know.

"I think that's the road I'm going down," he continues. "But I don't want it to be a great big surprise on your part. Everybody else will get over it."

Rushing says he has asked for psychiatric help, "but there is no hope to be had, and there is no help to be had. It's the same for everyone here."

(Rushing tells New Times, "You can read whatever you want into what I told my mom. I was thinking that I'm not going to live in a bullshit situation for the rest of my life. I was thinking about ending things for myself, not killing Shannon Palmer.")

Palmer's conversation with his mother contains idle talk about family until he interrupts her, a sudden passion in his voice.

"Mom, I can't hold back anymore," he says. "I just don't know how to explain to you what I'm going through. You don't understand. I've got some serious people trying to take my life."

"Well, son," she replies.

"No, no, no," Palmer says loudly. "Don't say nothing, please. Allow me to say something. You don't understand what I got myself into two years ago. Mom, the National Center for Abused and Exploited Children Foundation and the goddamned Central Intelligence Agency — all they do is go coast-to-coast across the United States of America looking for the annual 100 children who come up missing by stranger abduction.

"And they popped something into my leg that you wouldn't understand. It's out of this world, Mom. They've been working on it since World War II. They're going to liquidate my ass. And I don't have no way of telling my mom what I'm going through and, pretty soon, I'm gonna be dead."

"No, you're not," is all Palmer's mother can muster.

Their time is up.

"I love you, Mom," he tells her.

"I love you, son."


Jasper Rushing says it went from bad to worse on the evening before he killed Shannon Palmer.

"The guy literally drank a whole bag of coffee and he was speed-talking all this crazy shit, nonstop," he tells New Times.

Rushing stares hard at his questioner when asked why he didn't just tell authorities that things were moving to a boiling point.

"Shannon already had asked to get out of there because he was fearing for his life, and gave them that 'kite,'" he finally says. "I was right there, and the cops literally laughed at him. When someone says that, it's not a big deal — it's prison."

Rushing and Palmer ate breakfast on the morning of September 10 and settled in for another creepy day in the dark.

Actually, Rushing says, he recently had been allowed to plug a small "inmate's lamp" into an outlet just outside A-26, and it was providing a bit more light — more shadows than anything.

Corrections officer Joel Valdovinos was on his rounds right before 1 p.m., delivering lunch and checking on inmates in the four isolation cells in Building A.

A minute or two before Valdovinos entered the area pushing a lunch cart, inmate Joel Hughes claims to have heard choking and gurgling sounds coming from A-26.

Hughes said in his recent interview that he heard about 20 to 25 loud bangs, as if someone was being "bounced off the wall."

Hughes hollered, "Is everything all right over there?" To which he said Rushing had replied, "Just a minute."

Within seconds, Officer Valdovinos opened up the trap on the door to deliver the lunch trays one at a time.

To his shock, Rushing popped his head out and told him, "I just killed my cellie."

"Are you fucking kidding me?" the officer replied, immediately shining his flashlight into the cell. He didn't see anything for a moment.

"It's pitch-black — you can't see in there," he later told investigators. "[The lights] had been out for a long time."

Then Valdovinos saw Shannon Palmer, unconscious on the bed and bleeding profusely from the neck, his left arm dangling.

Valdovinos didn't immediately notice that Palmer's penis had been ripped from his body and was on the floor.

The officer ordered Rushing to turn around and be cuffed through the trap door.

Rushing, he said, "was calm as day."

Rushing told him that the handcrafted shank was over at the sink, and he allowed Valdovinos to cuff him without resistance as a small army of other officers and medical personnel rushed into the wing.

Sergeant Raymundo Trujillo assumed command and took Rushing out of the cell and into the hallway.

Trujillo later told investigators that Rushing counseled him, saying "If any of you guys are really squeamish, don't go in there."

Captain Ron Lawrence and others started doing CPR on Palmer, who somehow was still alive, but barely.

"Frankly it was so horrific, I didn't want my staff to see that," he told investigators. "The inmate was making that horrible sucking, wheezing sound as he was trying to draw air through the cuts in his throat."

Palmer died soon after that.

Later, Officer Valdovinos said, Rushing had provided him with a motive:

"You fuck with women and children, then you're gonna fuck with a real man."

What Rushing apparently meant were suggestive remarks he claims Palmer made about one of Rushing's young nieces. (Rushing had a photo of the girl in the cell.)


The viciousness and depravity of the murder sent shockwaves through the Arizona Department of Corrections.

Press releases tried to mitigate the horrific incident, noting that Shannon Palmer was a "repeat offender," as if climbing a power pole put him in the same category of criminal as convicted killer Jasper Rushing.

The releases did not mention the mutilation, which became public only after someone tipped off KPHO, a Phoenix television station.

Then the Palmer/Rushing case went away.

But an internal probe continued until lead investigator Curtis Steger submitted his detailed findings last November.

The corrections department then punished three of its employees for their responsibility in approving an inmate match made in hell.

The three were:

• Deputy warden Quency Owens: 40 hours without pay for aggravated neglect of duty and disregarding directives, policies, guidelines, or procedures.

• Corrections officer Kimberly Churchwell (who had brought Rushing and Palmer together): 40 hours without pay for the same reasons.

• Captain Ron Lawrence: 24 hours without pay for inefficiency and failure to exercise proper supervision over employees. Lawrence was the officer who led the heroic efforts to try to save Shannon Palmer.

A few weeks ago, a county judge heard legal motions from defense lawyers representing Jasper Rushing in the capital first-degree murder case.

His lead attorney, assistant public defender Billy Little Jr., told Judge Joseph Kreamer that it shouldn't be a death penalty case because of the extraordinarily ill-fated circumstances that brought the inmates together.

"There's no doubt — everyone knows he's the one who did it," Little Jr. said, gesturing toward his handcuffed and shackled client.

"But there's a shared responsibility here. They put a psychotic individual in a small cell with a guy known to be violent. I'm confident the jury won't give him the death penalty."

Prosecutor Jeanette Gallagher replied, "Mr. Little and I can agree to disagree on this, but this is a poster child for the death penalty."

In the spectator's galley, Shannon Palmer's mother wept.